Is this a illegal search

Asked 6 months ago - Lubbock, TX

Was with a passenger and got pulled over for not giving a turn signal in a timely manner. I presented dl and insurance, but was still deatined, taken out my car, handcuffed and searched. No drugs where found on me nor the passenger, however a canine was deployed and allowed to enter my car without first being walked around it to signal an "alert" signal.I never gave officers permission.

Attorney answers (3)

  1. Daniel Lee O'Neil

    Contributor Level 18

    Answered . Pretextual stops are alright, you did not signal correctly which is an offense.
    Probable cause? That is more of a grey area, which greatly depends on specific facts. Your appearance - were your eyes blood red? Did you smell like marijuana?
    Dogs can give an alert signal without being walked around the car, perhaps there were so many drugs the dog signaled on approach - these are the specific facts that matter and govern the outcome of cases like these.

    Assuming something was found in your car and you have already been arraigned, discuss this matter in detail with your criminal defense lawyer who will be in the best position to assess the lawfulness of this search and proceed accordingly, as part of an overall effective defense against the charges lodged against you.

    Best of luck

    Statements posted on the Avvo Q&A section are not legal advice. No prudent person anywhere at any time should ever... more
  2. Robert Jason De Groot

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . Sounds like it might have been an illegal search, but there just are not enough facts given to make that determination, and the police report will give a much different story.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I... more
  3. Rixon Charles Rafter III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Could be. Can't tell for sure on the facts presented here. Were you charged? Suffer damages?

    If charged, tell your attorney about how events happened, it could be helpful to your situation. If not charged and no economic damages, not likely worth suing over.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER... more

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